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Florida Employees of Rightway Facility Services Seek Overtime |
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A collective action has been filed in Florida against restaurant remodler, Rightway Services of Florida, Inc. The action is brought on behalf of all Florida residents who either are currently employed by or were employed in the past by Rightway and who were not paid overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages, back pay and injunctive and statutory relief. As a collective action, all potential claimants must "opt-in" voluntarily in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants.
According to the employees, Rightway intentionally and willfully failed to pay employees overtime compensation. The employees allege that they were frequently called upon to work beyond 40 hours a week, but Rightway failed to compensate them for these hours. The employees additionally allege that Rightway failed to keep accurate records of their hours worked and intentionally engaged in this activity to facilitate not paying overtime. Under the federal Fair Labor Standards Act, all hours worked beyond 40 per week require compensation at the rate of time and a half. This is a minimum standard that applies to all hourly, "non-exempt" employees. Non-exempt employees include those that work on an hourly basis in non-managerial capacity. According to the employees, they fulfill the federal requirements for non-exempt employees. Additionally, under the Fair Labor Standards Act, liquidated damages are available in cases where employers intentionally withheld overtime wages. The employees allege that Rightway’s actions have fulfilled this requirement.
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